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Drug companies want Supreme Court to take eye drop dispute
Legal Business | 2018/04/07 23:21
Eye drop users everywhere have had it happen. Tilt your head back, drip a drop in your eye and part of that drop always seems to dribble down your cheek.

But what most people see as an annoyance, some prescription drop users say is grounds for a lawsuit. Drug companies' bottles dispense drops that are too large, leaving wasted medication running down their faces, they say.

Don't roll your eyes. Major players in Americans' medicine cabinets — including Allergan, Bausch & Lomb, Merck and Pfizer — are asking the Supreme Court to get involved in the case.

On the other side are patients using the companies' drops to treat glaucoma and other eye conditions. Wasted medication affects their wallets, they say. They argue they would pay less for their treatment if their bottles of medication were designed to drip smaller drops. That would mean they could squeeze more doses out of every bottle. And they say companies could redesign the droppers on their bottles but have chosen not to.

The companies, for their part, have said the patients shouldn't be able to sue in federal court because their argument they would have paid less for treatment is based on a bottle that doesn't exist and speculation about how it would affect their costs if it did. They point out that the size of their drops was approved by the Food and Drug Administration and redesigned bottles would require FDA approval. The cost of changes could be passed on to patients, possibly resulting in treatment that costs more, they say.

Courts haven't seen eye to eye on whether patients should be able to sue. That's why the drugmakers are asking the Supreme Court to step in. A federal appeals court in Chicago threw out one lawsuit over drop size. But a federal appeals court in Philadelphia let the similar case now before the Supreme Court go forward. That kind of disagreement tends to get the Supreme Court's attention.

And if a drop-size lawsuit can go forward, so too could other packaging design lawsuits, like one by "toothpaste users whose tubes of toothpaste did not allow every bit of toothpaste to be used," wrote Kannon Shanmugam, a frequent advocate before the Supreme Court who is representing the drug companies in asking the high court to take the case.




Court: Government can't block immigrant teens from abortion
Lawyer Blog Updates | 2018/04/06 23:21
A federal court in Washington has told the Trump administration that the government can't interfere with the ability of pregnant immigrant teens being held in federal custody to obtain abortions.

A judge issued an order Friday evening barring the government from "interfering with or obstructing" pregnant minors' access to abortion counseling or abortions, among other things, while a lawsuit proceeds. The order covers pregnant minors being held in federal custody after entering the country illegally.

Lawyers for the Department of Health and Human Services, which is responsible for sheltering children who illegally enter the country unaccompanied by a parent, have said the department has a policy of "refusing to facilitate" abortions. And the director of the office that oversees the shelters has said he believes teens in his agency's care have no constitutional right to abortion.

The American Civil Liberties Union brought a lawsuit on behalf of the minors, which the judge overseeing the case also Friday allowed to go forward as a class action lawsuit.

"We have been able to secure justice for these young pregnant women in government custody who will no longer be subject to the government's policy of coercion and obstruction while the case continues," said ACLU attorney Brigitte Amiri after the judge's order became public.

The government can appeal the judge's order. A Department of Justice spokesman didn't immediately respond to an emailed request for comment Friday evening.

The health department said in a statement Saturday that it "strongly maintains that taxpayers are not responsible for facilitating the abortion of unaccompanied minors who entered the country illegally and are currently in the government's care." It said it is "working closely with the Justice Department to review the court's order and determine next steps."

The ACLU and Trump administration have been sparring for months over the government's policy. In a high-profile case last year, the ACLU represented a teen who entered the U.S. illegally in September and learned while in federal custody in Texas that she was pregnant.

The teen, referred to in court paperwork as Jane Doe, obtained a state court order permitting her to have an abortion and secured private funding to pay for it, but federal officials refused to transport her or temporarily release her so that others could take her to get the procedure.

The teen was ultimately able to get an abortion in October as a result of the lawsuit, but the Trump administration has accused the ACLU of misleading the government during the case, a charge the ACLU has denied.


Trump administration backs PLO in victims' high court appeal
Lawyer Blog Updates | 2018/04/04 23:21
Despite its bumpy relationship with the Palestinians, the Trump administration is siding with the Palestine Liberation Organization in urging the Supreme Court to reject an appeal from American victims of terrorist attacks in the Middle East more than a decade ago.

The victims are asking the high court to reinstate a $654 million verdict against the PLO and Palestinian Authority in connection with attacks in Israel in 2002 and 2004 that killed 33 people and wounded hundreds more.

The case was scheduled to be considered at the justices’ private conference on Thursday. A decision to reject the appeal could come as early as Monday. If the court decides to hear the case, it could say so by the middle of this month.

The federal appeals court in New York tossed out the verdict in 2016. It said U.S. courts can’t consider lawsuits against foreign-based groups over random attacks that were not aimed at the United States.

The victims sued under the Anti-Terrorism Act, signed into law in 1992. The law was passed to open U.S. courts to victims of international terrorism, spurred by the killing of American Leon Klinghoffer during a 1985 terrorist attack aboard the Achille Lauro cruise ship.

The victims argued that offices the Palestinians maintain in the nation’s capital to promote their cause in speeches and media appearances and to retain lobbyists were sufficient to allow the lawsuit in an American court. The appeals court disagreed.

In late June, the justices asked the administration to weigh in on the case, as they often do in cases with foreign policy implications. The Justice Department filed its brief eight months later, saying there was nothing in the appeals court ruling to “warrant this court’s intervention at this time.”

In unusually strong language for a Supreme Court filing, Theodore Olson, the lawyer for the victims, wrote, “The government is not being square with the court.” Olson said the administration was being cagey about its view of the law, even after the lower court cut back on its use by attack victims to try to hold groups financially liable.


Large Midwest energy project turns to ex-Missouri governor
Legal Career News | 2018/04/02 23:20
Stymied by state regulators, a renewable energy company seeking to build one of the nation's longest power lines across a large swath of the Midwest has turned to a prominent politician in an attempt to revive its $2.3 billion project.

Former Missouri Gov. Jay Nixon, now working as a private attorney after recently finishing 30 years in public office, is to argue Tuesday to the Missouri Supreme Court that utility regulators he appointed wrongly rejected the power line while relying on an incorrect court ruling written by a judge whom Nixon also appointed.

Should Nixon prevail in court, it could help clear a path for Houston-based Clean Line Energy Partners LLC to build a 780-mile (1,255-kilometer), high-voltage transmission line from the wind farms of western Kansas across Missouri and Illinois to Indiana, where it would feed into a power grid serving eastern states. Missouri had been the lone state blocking the project, until an Illinois appeals court in March also overturned that state's approval.



Court hears case alleging unconstitutional 6th District gerrymander
Headline Legal News | 2018/04/01 23:20
U.S. Supreme Court justices expressed frustration with partisan gerrymandering on Wednesday as they heard arguments in a case challenging Maryland’s 6th Congressional District.

The case, which alleges a Democratic gerrymander in Maryland at the same time justices are considering the constitutionality of an alleged Republican gerrymander in Wisconsin, has some legal experts wondering whether the justices might be on the verge of establishing a standard that would allow judicial intervention in partisan gerrymandering cases for the first time in the court’s history.

The 6th District challenge was brought by seven Maryland residents, including three from Frederick County, who argue that the district — which includes southwestern parts of Frederick County and the city of Frederick — was unconstitutionally gerrymandered to favor Democrats and punish Republicans during the reapportionment process after the 2010 census.

The justices heard arguments in the Wisconsin political gerrymandering case in October, but have not yet released an opinion.

The Maryland and Wisconsin cases both focus on unconstitutional partisan gerrymandering, but there are some important differences. The Maryland case challenges the redrawing of a single federal district to favor Democrats, while the Wisconsin case is based on the statewide redrawing of Wisconsin State Assembly districts to favor Republicans.


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